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It would likely arise in a victim's lawsuit against Baylor but with regard to the lawsuit by Briles against these Baylor principles the duty to defend will be governed by the 8 Corners Rule. ie the factual allegations specifically alleged in the Plaintiff's petition plus the specific wording of the insurance policy. Briles petition doesn't allege a cause of action for damages arising from sexual assault but rather from post termination tortious and defamatory conduct. Note a victim's petition would likely allege facts that could implicate the duty to defend but as mentioned above the policy terms may decline actual coverage for Intentional conduct-it would depend on the policy

Stallion wrote:insurance companies will likely represent them though initially under reservation of rights-but insurance companies sometimes are looking to screw their client harder than they are defending the lawsuit

also this lawsuit relates to whether the Baylor principles defamed or tortious interfered with Briles chances of future employment-won't really be about the criminal intentional conduct at Baylor which would be filed by victims not Briles.

If I was underwriting Baylor's renewal (post crisis), there is no way on earth that I would offer renewal terms that didn't lock all crisis related loss into the expiring policy. If you want to get fired in my business, you let "two towers" get hit by the same loss.

For example, "Madoff Exclusions" were common after his Ponzi scheme was discovered.

probably but when was the renewal-most of this has broken within the last year

Stallion wrote:probably but when was the renewal-most of this has broken within the last year

My guess - Baylor's easiest path to coverage is with the "victim cases" and the cost of defending the Title IX investigation. Unless they have a really large insurance tower, I figure they will easily exhaust Baylor's available limits.

I believe if Art exiled himself to Machu Picchu and studied the art of one - mastering his empathy skills / Universal balance. After a full year he could then come down the mountain with Smuzeys elephant Sherpa Uber and be completely exonerated of his sins.

Stallion wrote:insurance companies will likely represent them though initially under reservation of rights-but insurance companies sometimes are looking to screw their client harder than they are defending the lawsuit

also this lawsuit relates to whether the Baylor principles defamed or tortuously interfered with Briles chances of future employment-won't really be about the criminal intentional sexual assault conduct at Baylor which would be filed by victims not Briles.

Sometimes?

you got a point-they ain't in the business of paying out on policy claims-they are in the business of NOT paying out claims